Guity v. City of New York

District Court, S.D. New York

Guity v. City of New York

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOHNNY GUITY, Plaintiff, 19-CV-8152 (CM) -against- CITY OF NEW YORK, et al., ORDER OF DISMISSAL Defendants.

COLLEEN McMAHON, Chief United States District Judge: Plaintiff initially brought this action against the City and State of New York. But in the original pleading, he did not assert any facts. Accordingly, the Court dismissed the complaint under

28 U.S.C. § 1915

(e)(2)(B)(i1), (111), with 30 days’ leave to replead. (ECF No. 5; order of dismissal issued on 10/15/2019.) Plaintiff then filed an amended complaint, but he again failed to assert any facts. As such, the Court dismisses the amended complaint for failure to state a claim. CONCLUSION The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff's amended complaint, filed in forma pauperis under

28 U.S.C. § 1915

(a)(1), is dismissed pursuant to

28 U.S.C. § 1915

(e)(2)(B)(ii). The Court certifies under

28 U.S.C. § 1915

(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962). SO ORDERED. Dated: November 27, 2019 New York, New York huh. Wyk Chief United States District Judge

Reference

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